LAWS(PAT)-1991-4-33

K MASIH Vs. BAPTIS UNION OF NORTH INDIA

Decided On April 25, 1991
MISS. K. MASIH, PRINCIPAL ANGUS Appellant
V/S
BAPTIS UNION OF NORTH INDIA Respondents

JUDGEMENT

(1.) RELIEF in suit have been prayed by the petitioner plaintiff No. 2 opposite party No. 29th-plaintiff No. 1, opposite party No 30plaintiff No. 3 and opposite patty No. 31-plaintiff No. 4 against opposite party No. 1 defendant No. 1. The aforesaid opposite parties have appeared. The dispute is now inter se plaintiffs. It is not necessary to hear other opposite parties for passing final order in these civil revision applications. I beard the learned Counsel at length and both the cases are disposed of at the admission stage.

(2.) THE relief prayed for in the suit is for declaration that plaintiff Nos. I to 3 are the respective heads of the three schools, mentioned in the plaint, situated in Lodipur, Patna and recognised by the Stale Government, and they cannot be disturbed by order dated 9-2-1955, alleged to have been passed by the executive committee of opposite party No. I nor by resolution of the council of that committee alleged to have passed between 6th February, 1986 to 8th February, 1986. Relief also prayed for declaration that the managing committee of fie three schools consisting of defendant Nos. 9 to 17 and plaintiff No. 1 to 3 is the only legal and valid committee of the schools concerned.

(3.) ORDER I, Rule 1 of the Civil Procedure Code (C.P.C. for short) pro-vides-who may join as plaintiffs. Five persons joined together to file the suit as plaintiffs because of the fact that the relief arose of the basis of common cause of action. If common Clause of action arose when the suit was filed, there should be any situation where there may be conflict in the interest of the persons who have joined as plaintiffs.